IN THE CASE OF:	  

		BOARD DATE:	  18 July 2013

		DOCKET NUMBER:  AR20120022908 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Korean Service Medal (presumed to mean the Korea Defense Service Medal), Armed Forces Expeditionary Medal, and Combat Infantryman Badge based on his service in Korea from November 1977 to November 1978.

2.  The applicant states he believes he might be eligible for several awards for his service in Korea from November 1977 to November 1978 based on an article in the October Veterans of Foreign Wars magazine.

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 28 June 1976, completed training, and was awarded military occupational specialty (MOS) 11B (Infantryman), with subsequent award of MOS 19D (Cavalry Scout) in 1979 and MOS 76W (Petroleum Supply Specialist) in 1983.

3.  He served in Korea in MOS 11B with Combat Support Company, 1st Battalion, 31st Infantry Regiment, from 3 November 1976 through on or about 7 December 1977.

4.  The applicant was honorably discharged on 28 March 1984.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) lists his authorized awards as the Marksman Marksmanship Qualification Badge with Rifle Bar, Expert Marksmanship Qualification Badge with Grenade Bar, Army Service Ribbon, Overseas Service Ribbon, Army Good Conduct Medal (2nd Award), and Noncommissioned Officer Professional Development Ribbon (Primary Level).

5.  On 2 November 2012, the National Personnel Records Center authorized shipment of the following awards:

* Army Good Conduct Medal (2nd Award)
* Noncommissioned Officer's Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Korea Defense Service Medal
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Korean Service Medal is awarded for service in Korea between 27 June 1950 and 27 July 1954.

	b.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea from 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.

	c.  The Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual who was not engaged in actual combat or equally hazardous activity must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.  The Armed Forces Expeditionary Medal is authorized for service in Korea from 1 October 1966 to 30 June 1974.

	d.  There are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in    such ground combat.  For Korea after the Korean War, service must be from       4 January 1969 to 31 March 1994 on the demilitarized zone.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Korea during the period for which award of the Korea Defense Service Medal is authorized.  It would be appropriate to add this award to his DD Form 214.

2.  The applicant did not serve in Korea during the Korean War or during the post-war period for which the Armed Forces Expeditionary Medal was authorized.  Therefore, he is not authorized award of the Korean Service Medal or Armed Forces Expeditionary Medal.

3.  The applicant has not provided and the available records do not contain evidence to show the applicant engaged with the enemy in the hostile fire area or in active ground combat or that he served on the demilitarized zone.  Therefore, there is insufficient evidence to award the applicant the Combat Infantryman Badge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding award of the Korea Defense Service Medal to his DD Form 214.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Korean Service Medal, Armed Forces Expeditionary Medal, or the Combat Infantryman Badge.



      ___________X____________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20120022908



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ABCMR Record of Proceedings (cont)                                         AR20120022908



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